Boarding School Statute of Limitations

Liberal Time Limits for Asserting a Boarding School Abuse Claim

Boarding School Abuse Claim Asserting a Boarding School Abuse claim may be subject to various deadlines – formally known as “statutes of limitations” – which limit the time within which a claim can be brought. These limits vary from state-to-state and, for each state, differ depending upon the type of claim. Generally speaking, statutes of limitations are divided into two distinct groups: those that apply to criminal acts and those that apply to non-criminal or civil claims. Many states have adopted very liberal time limits for sexual abuse cases. For example, in Connecticut, the general time limit for prosecution of sexual abuse, sexual exploitation or sexual assault of a minor (under the age of 18) is thirty (30) years from the date the survivor reaches the age of majority (age 18) [CGS 54-193a].

Statutes of Limitations

Because a Boarding School Abuse case can involve both a criminal prosecution and a civil claim, more than one statute of limitations (SOL) is likely to apply. In all situations, an analysis of these SOL time limits can only be made after the relevant facts and circumstances are known. As a general guide, here are the relevant criminal SOLs from various states:

California

  • Criminal - sexual assault of a child has no statute of limitations.
  • Civil - on the victim’s 26th birthday (a discovery rule may apply).

California Governor Newsom Signs Legislation

On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill 218 revising California’s statute of limitations applicable to civil claims for damages based on acts of childhood sexual assault. The revisions to California law include the following:

  • A victim of childhood sexual assault will have 22 years – beginning on the date of his/her 18th birthday and ending when he/she attains age 40 – to file a civil claim against the perpetrator and any responsible institution
  • Victims of childhood sexual assault who are age 40 and older may still bring a civil claim for damages based on acts of childhood sexual assault if he/she can show that:
    • the responsible entity or person knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent; OR
    • The responsible entity or person failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault.
  • Victims of childhood sexual assault who are age 40 or older when the civil claim for damages is filed must file a “Certificate of Merit” within 60 days of the filing of the claim (complaint) AND must follow a particular process before the claim (complaint) can be served on the defendant – including using the pseudonym “Doe” to identify the defendant in the initial filing of the claim (complaint) until the court reviews the Certificate of Merit and determines that there is reasonable and meritorious cause for the filing of the claim against the defendant.

Connecticut

  • Criminal - 30 years from the victim's 18th birthday.
  • Civil - on the victim’s 48th birthday (if applicable, “fraudulent concealment” may extend the statute of limitations).

Significant Changes Affecting Survivors of Childhood Sexual Abuse

On Tuesday, March 19th, several Connecticut lawmakers introduced Committee Bill No. 3 at the General Assembly: “An Act Combatting Sexual Assault and Sexual Harassment.” The bill proposes sweeping changes to Connecticut’s laws dealing with sexual assault and sexual harassment including changes to the State’s criminal laws.

Among the proposed changes are significant revisions to the laws governing lawsuits brought by survivors of childhood sexual abuse against the abusers and responsible institutions. The first is the complete elimination of the statute of limitations applicable to such claims for childhood sexual abuse “that arises from an incident:

  1. Occurring on or after October 1, 2019, or
  2. That occurred prior to October 1, 2019 and the statute of limitations applicable to such action had not expired on September 30, 2019.”

[Section 19 of CB 3 – Amending subsection (a) of CGS 52-577d]

In addition – and of important significance to older (over age 47) survivors of childhood sexual abuse - is the proposal to open a “window” of time – from October 1, 2019 through December 31, 2021 – during which previously time-barred claims can be brought against the abusers and responsible institutions. This means that between October 1, 2019 and December 31, 2021 – a period of 27 months – older (over age 47) survivors of childhood sexual abuse whose claims would otherwise be “stale,” “too-old,” “out-of-statute,” etc. as of September 30, 2019, will have a renewed opportunity to bring a lawsuit against the abuser and responsible institution(s).


Illinois

  • Criminal - sexual assault of a child – varies from no statute of limitations to specific number of years depending on circumstances and age of child.
  • Civil - An action for damages for personal injury based on childhood sexual abuse must be commenced within 20 years of the date the victim discovers that the act of childhood sexual abuse occurred and that the injury was caused by the childhood sexual abuse.

Massachusetts

  • Criminal - In general, there is no time limit for the bringing of criminal charges for sexual assault or abuse of a child under the age of 18.
  • Civil - a civil action for the sexual abuse of a minor shall be brought by whichever period expires later of the following:
    • Within 35 years from the acts of sexual abuse
    • Within 7 years of the time the abuse survivor discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by the abuse

NOTE: The time limit for commencement of an action does not begin to run until the child attains the age of 18 years.


Maryland

  • Civil - In Maryland, a civil action alleging childhood sexual abuse must be brought within seven (7) years from the date the abuse survivor attains the age of majority, i.e. before the date the abuse survivor attains the age of twenty-five (25).

Proposed Legislation in Maryland

On March 18, 2019, the Maryland House of Delegates voted 135 to 3 to approve House Bill 687 and advance it to the Maryland Senate for further legislative action. The Senate has scheduled a hearing on the measure for Thursday, March 28th. Some proponents of the legislation have expressed doubt as to whether the Maryland Senate will vote in favor of House Bill 687.

House Bill 687:

  • adds a definition of “sexual abuse” as it applies to a child,
  • eliminates the statute of limitations for civil actions based on “...an alleged incident or incidents of sexual abuse that occurred when the victim was a minor” and
  • provides for a two-year “window of time,” beginning on October 1, 2019 and ending on September 30, 2021, during which survivors of childhood sexual abuse – whose claims are currently time-barred – may file a lawsuit against the perpetrator and any responsible institution(s).

This last provision is of particular significance for older survivors of childhood sexual abuse (over 37) whose claims, because of the passage of time and other circumstances, are currently time-barred. If enacted, older survivors who may have been reluctant to bring claims, or were unaware that were able to bring such claims as to responsible non-perpetrators, will have an opportunity to do so and seek justice.


New Hampshire

  • Criminal - The time limit for the bringing of criminal charges for sexual assault is within the twenty-two (22) years after the survivor attains the age of eighteen (18) years [New Hampshire Revised Statutes 625: 8].
  • Civil - In New Hampshire, a civil action alleging childhood sexual abuse must be brought: no later than twelve (12) years of the abuse survivor's eighteenth (18) birthday (i.e. before the date the abuse survivor attains the age of thirty (30); OR within three (3) years of the time the abuse survivor discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act(s) of childhood sexual abuse.

New Jersey

  • Criminal - for sexual assault, no statute of limitations.
  • Civil – UPDATE 2019–05–13: New Jersey Governor Murphy signed A–3648 into law. This new law increases the period of time within which civil claims for damages can be brought for childhood sexual abuse. The new law allows a survivor up until age 55 to file a lawsuit against the perpetrator and any responsible institution(s). Equally important, for abuse survivors whose claims are currently time–barred by New Jersey’s existing statute of limitations, A–3648 provides for a two–year “window” of time within which such abuse survivors can file suit against their abusers and any responsible institution(s). This “window ot time” will “open” on December 1, 2019.

New York

  • Criminal - on the victim’s 23rd birthday.
  • Civil - up until the victim’s 55th birthday.

Governor Cuomo Signs New York Child Victims Act

On February 14, 2019, New York Governor Cuomo signed the New York Child Victims Act into law. The Childhood Victims Act was passed by the New York State legislature on January 28th and then awaited Governor Cuomo’s signature. With Governor Cuomo’s signature, the Childhood Victims Act is now the law in New York and provides for the following:

  • Extends the time within which civil claims can be brought for childhood sexual abuse. Under previous law, a survivor of childhood sexual abuse could bring claims only up until the date of his/her 23rd birthday. Now, under the Childhood Victims Act such claims can be brought up until the survivor’s 55th birthday.
  • Opens a one-year period of time within which survivors of child sexual abuse, whose claims are beyond the statute of limitations, can bring civil claims for harm and damages suffered as a result of the childhood sexual abuse.

This latter provision of the Childhood Victims Act will take effect six months from February 14th, 2019. So beginning in mid-August, 2019, and continuing for a period of one year, survivors of childhood sexual abuse can file lawsuits in New York to compensate them for the harm and damages they suffered as a result of the childhood sexual abuse.



Pennsylvania

  • Criminal - on the victim’s 50th birthday.
  • Civil - on the victim’s 30th birthday.

NOTE: Proposed legislation in Pennsylvania would eliminate the criminal statutes of limitation for criminal child sex abuse and would open a limited “window of time” during which expired civil claims could be brought by victims. This legislation has NOT been enacted. PA HB 1947 & SB 261.


Rhode Island

  • Criminal - In general, there is no time limit to bring criminal charges for child molestation sexual assault.
  • Civil - a civil action for the sexual abuse of a child may be able to be brought against non-perpetrator instutitions (employers, schools, churches, etc.) as well as against the perpetrator themselves.
    • Perpetrators of Abuse - Under new legislation, abuse survivors will have 35 years to bring civil claims against the person or person who committed the childhood sexual abuse. The 35 years begins to run from the survivor’s 18th birthday. So a survivor has until his/her 53rd birthday to bring a claim.
      After that, a claim could still be brought but must be filed within Within seven (7) years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act
    • Non-Perpetrators - the new 35-year rule will apply to civil actions based on acts of childhood abuse committed after the legislation becomes law and only to those acts of abuse for which such civil claims are not otherwise time-barred under the previous version of the law.

NOTE: The time limit for commencement of an action does not begin to run until the child attains the age of 18 years. During the last week of June, 2019, the Rhode Island legislature passed revisions to the State’s laws that expand the time within which victims of childhood sexual abuse can bring civil claims against their abusers and, in some cases, against non-perpetrator responsible institutions. You can find out more by clicking here


Vermont

  • Criminal - There is no time limit for commencing prosecutions for aggravated sexual assault of a child. Other sexual misconduct involving a child under eighteen (18) years of age shall be commenced within forty (40) years after the commission of the offense [Vermont Statutes Title 13 Section 4501].
  • Civil - In Vermont, a civil action alleging childhood sexual abuse must be commenced within: six (6) years of the act(s) of abuse alleged to have caused the injury or condition - the statute of limitations is tolled (i.e. suspended) until the survivor attains the age of eighteen (18). As a result, the action must be commenced before the date the abuse survivor attains the age of twenty-four (24); OR six (6) years of the time the abuse survivor discovered that the injury or condition was caused by that act, whichever period expires later.

Case Evaluation

Because a Boarding School Abuse case can involve both a criminal complaint and a civil claim, more than one statute of limitations is likely to apply. In all situations, an analysis of these time limits can only be made after the relevant facts and circumstances are known. If you would like to discuss a particular situation please call us toll-free at 1-888-276-3030 or send us your contact information and we will respond promptly.

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